EU corona emergency law: Restrictions on the export of protective equipment,
notably from the EU into third countries like Switzerland (Regulation 2020/402) by Prof. Christa Tobler

This current article by Christa Tobler examines the EU restrictions on the export of protective equipment that the EU has imposed against the background of the Corona pandemic. In particular, it examines whether different treatment of different third countries is legally permissible.

In mid-March 2020, the European Commission adopted, against the background of the Corona pandemic, temporal common rules for the export of personal protective equipment out of the EU. Under the new system, the export of personal protective equipment, such as medical face masks, is subject to an authorisation requirement.

In a first step, the new requirement applied to all third countries alike. However, in a second step the Commission exempted a number of countries and territories, among them also the four EFTA States. How did this come about and is such different treatment of different third States legally acceptable? And what about export restrictions inside the Union’s internal market, between Member States?